Bill Text: MI SB0676 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Human services; adult foster care; criminal history check; modify. Amends secs. 4 & 34b of 1979 PA 218 (MCL 400.704 & 400.734b).

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Introduced - Dead) 2015-12-15 - Referred To Committee On Families, Seniors And Human Services [SB0676 Detail]

Download: Michigan-2015-SB0676-Introduced.html

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SENATE BILL No. 676

 

 

December 15, 2015, Introduced by Senators HOPGOOD, MARLEAU, BIEDA, NOFS, KNEZEK and JOHNSON and referred to the Committee on Families, Seniors and Human Services.

 

 

 

     A bill to amend 1979 PA 218, entitled

 

"Adult foster care facility licensing act,"

 

by amending sections 4 and 34b (MCL 400.704 and 400.734b), section

 

4 as amended by 2013 PA 156 and section 34b as amended by 2014 PA

 

73.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4. (1) "Council" means the adult foster care licensing

 

advisory council created in section 8.

 

     (2) "Department" means the department of human

 

services.licensing and regulatory affairs.

 

     (3) "Developmental disability" means that term as defined in

 

section 100a of the mental health code, 1974 PA 258, MCL 330.1100a.

 

     (4) "Direct access" means access to a resident or to a

 

resident's property, financial information, medical records,

 

treatment information, or any other identifying information.

     (5) "Director" means the director of the department.

 

     (6) "Do-not-resuscitate order" means a document executed under

 

the Michigan do-not-resuscitate procedure act, 1996 PA 193, MCL

 

333.1051 to 333.1067, directing that, in the event a resident

 

suffers cessation of both spontaneous respiration and circulation,

 

no resuscitation will be initiated.

 

     (7) "Foster care" means the provision of supervision, personal

 

care, and protection in addition to room and board, for 24 hours a

 

day, 5 or more days a week, and for 2 or more consecutive weeks for

 

compensation.

 

     Sec. 34b. (1) In addition to the restrictions prescribed in

 

sections 13, 22, and 31, and except as otherwise provided in

 

subsection (2), an adult foster care facility shall not employ or

 

independently contract with an individual who regularly has direct

 

access to or provides direct services to residents of the adult

 

foster care facility if the individual satisfies 1 or more of the

 

following:

 

     (a) Has been convicted of a relevant crime described under 42

 

USC 1320a-7(a).

 

     (b) Has been convicted of any of the following felonies, an

 

attempt or conspiracy to commit any of those felonies, or any other

 

state or federal crime that is similar to the felonies described in

 

this subdivision, other than a felony for a relevant crime

 

described under 42 USC 1320a-7(a), unless 15 years have lapsed

 

since the individual completed all of the terms and conditions of

 

his or her sentencing, parole, and probation for that conviction

 

prior to before the date of application for employment or the date

 

of the execution of the independent contract:

 

     (i) A felony that involves the intent to cause death or

 

serious impairment of a body function, that results in death or

 

serious impairment of a body function, that involves the use of

 

force or violence, or that involves the threat of the use of force

 

or violence.

 

     (ii) A felony involving cruelty or torture.

 

     (iii) A felony under chapter XXA of the Michigan penal code,

 

1931 PA 328, MCL 750.145m to 750.145r.

 

     (iv) A felony involving criminal sexual conduct.

 

     (v) A felony involving abuse or neglect.

 

     (vi) A felony involving the use of a firearm or dangerous

 

weapon.

 

     (vii) A felony involving the diversion or adulteration of a

 

prescription drug or other medications.

 

     (c) Has been convicted of a felony or an attempt or conspiracy

 

to commit a felony, other than a felony for a relevant crime

 

described under 42 USC 1320a-7(a) or a felony described under

 

subdivision (b), unless 10 years have lapsed since the individual

 

completed all of the terms and conditions of his or her sentencing,

 

parole, and probation for that conviction prior to before the date

 

of application for employment or the date of the execution of the

 

independent contract.

 

     (d) Has been convicted of any of the following misdemeanors,

 

other than a misdemeanor for a relevant crime described under 42

 

USC 1320a-7(a), or a state or federal crime that is substantially

 

similar to the misdemeanors described in this subdivision, within

 

the 10 years immediately preceding the date of application for

 

employment or the date of the execution of the independent

 

contract:

 

     (i) A misdemeanor involving the use of a firearm or dangerous

 

weapon with the intent to injure, the use of a firearm or dangerous

 

weapon that results in a personal injury, or a misdemeanor

 

involving the use of force or violence or the threat of the use of

 

force or violence.

 

     (ii) A misdemeanor under chapter XXA of the Michigan penal

 

code, 1931 PA 328, MCL 750.145m to 750.145r.

 

     (iii) A misdemeanor involving criminal sexual conduct.

 

     (iv) A misdemeanor involving cruelty or torture unless

 

otherwise provided under subdivision (e).

 

     (v) A misdemeanor involving abuse or neglect.

 

     (e) Has been convicted of any of the following misdemeanors,

 

other than a misdemeanor for a relevant crime described under 42

 

USC 1320a-7(a), or a state or federal crime that is substantially

 

similar to the misdemeanors described in this subdivision, within

 

the 5 years immediately preceding the date of application for

 

employment or the date of the execution of the independent

 

contract:

 

     (i) A misdemeanor involving cruelty if committed by an

 

individual who is less than 16 years of age.

 

     (ii) A misdemeanor involving home invasion.

 

     (iii) A misdemeanor involving embezzlement.

 

     (iv) A misdemeanor involving negligent homicide or a violation

 

of section 601d(1) of the Michigan vehicle code, 1949 PA 300, MCL

 

257.601d.

 

     (v) A misdemeanor involving larceny unless otherwise provided

 

under subdivision (g).

 

     (vi) A misdemeanor of retail fraud in the second degree unless

 

otherwise provided under subdivision (g).

 

     (vii) Any other misdemeanor involving assault, fraud, theft,

 

or the possession or delivery of a controlled substance unless

 

otherwise provided under subdivision (d), (f), or (g).

 

     (f) Has been convicted of any of the following misdemeanors,

 

other than a misdemeanor for a relevant crime described under 42

 

USC 1320a-7(a), or a state or federal crime that is substantially

 

similar to the misdemeanors described in this subdivision, within

 

the 3 years immediately preceding the date of application for

 

employment or the date of the execution of the independent

 

contract:

 

     (i) A misdemeanor for assault if there was no use of a firearm

 

or dangerous weapon and no intent to commit murder or inflict great

 

bodily injury.

 

     (ii) A misdemeanor of retail fraud in the third degree unless

 

otherwise provided under subdivision (g).

 

     (iii) A misdemeanor under part 74 of the public health code,

 

1978 PA 368, MCL 333.7401 to 333.7461, unless otherwise provided

 

under subdivision (g).

 

     (g) Has been convicted of any of the following misdemeanors,

 

other than a misdemeanor for a relevant crime described under 42

 

USC 1320a-7(a), or a state or federal crime that is substantially

 

similar to the misdemeanors described in this subdivision, within

 

the year immediately preceding the date of application for

 

employment or the date of the execution of the independent

 

contract:

 

     (i) A misdemeanor under part 74 of the public health code,

 

1978 PA 368, MCL 333.7401 to 333.7461, if the individual, at the

 

time of conviction, is under the age of 18.

 

     (ii) A misdemeanor for larceny or retail fraud in the second

 

or third degree if the individual, at the time of conviction, is

 

under the age of 16.

 

     (h) Is the subject of an order or disposition under section

 

16b of chapter IX of the code of criminal procedure, 1927 PA 175,

 

MCL 769.16b.

 

     (i) Engages in conduct that becomes the subject of a

 

substantiated finding of neglect, abuse, or misappropriation of

 

property by a state or federal agency according to under an

 

investigation conducted in accordance with 42 USC 1395i-3 or 1396r.

 

     (2) Except as otherwise provided in this subsection, or

 

subsection (6), an adult foster care facility shall not employ or

 

independently contract with an individual who has direct access to

 

residents until the adult foster care facility or staffing agency

 

has conducted a criminal history check in compliance with this

 

section or has received criminal history record information in

 

compliance with subsections (3) and (11). (7). This subsection and

 

subsection (1) do not apply to an individual who is employed by or

 

under contract to an adult foster care facility before April 1,

 

2006. On or before April 1, 2011, an individual who is exempt under

 

this subsection and who has not been the subject of a criminal

 

history check conducted in compliance with this section shall

 

provide the department of state police a set of fingerprints and

 

the department of state police shall input those fingerprints into

 

the automated fingerprint identification system database

 

established under subsection (14). (10). An individual who is

 

exempt under this subsection is not limited to working within the

 

adult foster care facility with which he or she is employed by or

 

under independent contract with on April 1, 2006 but may transfer

 

to another adult foster care facility, mental health facility, or

 

covered health facility. If an individual who is exempt under this

 

subsection is subsequently convicted of a crime or offense

 

described under subsection (1)(a) to (g) or found to be the subject

 

of a substantiated finding described under subsection (1)(i) or an

 

order or disposition described under subsection (1)(h), or is found

 

to have been convicted of a relevant crime described under 42 USC

 

1320a-7(a), he or she is no longer exempt and shall be terminated

 

from employment or denied employment.

 

     (3) An individual who applies for employment either as an

 

employee or as an independent contractor with an adult foster care

 

facility or staffing agency and who has not been the subject of a

 

criminal history check conducted in compliance with this section

 

shall give written consent at the time of application for the

 

department of state police to conduct a criminal history check

 

under this section, along with identification acceptable to the

 

department of state police. If the individual has been the subject

 

of a criminal history check conducted in compliance with this

 

section, the individual shall give written consent at the time of

 

application for the adult foster care facility or staffing agency

 

to obtain the criminal history record information as prescribed in

 

subsection (4) or (5) from the relevant licensing or regulatory

 

department and for the department of state police to conduct a

 

criminal history check under this section if the requirements of

 

subsection (11) (7) are not met and a request to the federal bureau

 

of investigation Federal Bureau of Investigation to make a

 

determination of the existence of any national criminal history

 

pertaining to the individual is necessary, along with

 

identification acceptable to the department of state police. Upon

 

receipt of the written consent to obtain the criminal history

 

record information and identification required under this

 

subsection, the adult foster care facility or staffing agency that

 

has made a good faith good-faith offer of employment or an

 

independent contract to the individual shall request the criminal

 

history record information from the relevant licensing or

 

regulatory department and shall make a request regarding that

 

individual to the relevant licensing or regulatory department to

 

conduct a check of all relevant registries in the manner required

 

in subsection (4). If the requirements of subsection (11) (7) are

 

not met and a request to the federal bureau of investigation

 

Federal Bureau of Investigation to make a subsequent determination

 

of the existence of any national criminal history pertaining to the

 

individual is necessary, the adult foster care facility or staffing

 

agency shall proceed in the manner required in subsection (5). A

 

staffing agency that employs an individual who regularly has direct

 

access to or provides direct services to residents under an

 

independent contract with an adult foster care facility shall

 

submit information regarding the criminal history check conducted

 

by the staffing agency to the adult foster care facility that has

 

made a good faith good-faith offer of independent contract to that

 

applicant.

 

     (4) Upon receipt of the written consent to conduct a criminal

 

history check and identification required under subsection (3), the

 

adult foster care facility or staffing agency that has made a good

 

faith good-faith offer of employment or independent contract to the

 

individual shall make a request to the department of state police

 

to conduct a criminal history check on the individual and input the

 

individual's fingerprints into the automated fingerprint

 

identification system database, and shall make a request to the

 

relevant licensing or regulatory department to perform a check of

 

all relevant registries established according to federal and state

 

law and regulations for any substantiated findings of abuse,

 

neglect, or misappropriation of property. The request shall be made

 

in a manner prescribed by the department of state police and the

 

relevant licensing or regulatory department. or agency. The adult

 

foster care facility or staffing agency shall make the written

 

consent and identification available to the department of state

 

police and the relevant licensing or regulatory department. or

 

agency. If the department of state police or the federal bureau of

 

investigation Federal Bureau of Investigation charges a fee for

 

conducting the criminal history check, the charge shall be paid by

 

or reimbursed by the department. The adult foster care facility or

 

staffing agency shall not seek reimbursement for a charge imposed

 

by the department of state police or the federal bureau of

 

investigation Federal Bureau of Investigation from the individual

 

who is the subject of the criminal history check. The department of

 

state police shall conduct a criminal history check on the

 

individual named in the request. The department of state police

 

shall provide the department with a written report of the criminal

 

history check conducted under this subsection. The report shall

 

contain any criminal history record information on the individual

 

maintained by the department of state police.

 

     (5) Upon receipt of the written consent to conduct a criminal

 

history check and identification required under subsection (3), if

 

the individual has applied for employment either as an employee or

 

as an independent contractor with an adult foster care facility or

 

staffing agency, the adult foster care facility or staffing agency

 

that has made a good faith good-faith offer of employment or

 

independent contract shall comply with subsection (4) and shall

 

make a request to the department of state police to forward the

 

individual's fingerprints to the federal bureau of investigation.

 

Federal Bureau of Investigation. The department of state police

 

shall request the federal bureau of investigation Federal Bureau of

 

Investigation to make a determination of the existence of any

 

national criminal history pertaining to the individual. An

 

individual described in this subsection shall provide the

 

department of state police with a set of fingerprints. The

 

department of state police shall complete the criminal history

 

check under subsection (4) and, except as otherwise provided in

 

this subsection, provide the results of its determination under

 

subsection (4) and the results of the federal bureau of

 

investigation Federal Bureau of Investigation determination to the

 

department within 30 days after the request is made. If the

 

requesting adult foster care facility or staffing agency is not a

 

state department or agency and if criminal history record

 

information is disclosed on the written report of the criminal

 

history check or the federal bureau of investigation Federal Bureau

 

of Investigation determination that resulted in a conviction, the

 

department shall notify the adult foster care facility or staffing

 

agency and the individual in writing of the type of crime disclosed

 

on the written report of the criminal history check or the federal

 

bureau of investigation Federal Bureau of Investigation

 

determination without disclosing the details of the crime. The

 

notification shall inform the adult foster care facility or

 

staffing agency and the applicant regarding the appeal process in

 

section 34c and shall include a statement that the individual has a

 

right to appeal the information relied upon by the adult foster

 

care facility or staffing agency in making its decision regarding

 

his or her employment eligibility based on the criminal history

 

check. Any charges imposed by the department of state police or the

 

federal bureau of investigation Federal Bureau of Investigation for

 

conducting a criminal history check or making a determination under

 

this subsection shall be paid in the manner required under

 

subsection (4).

 

     (6) If an adult foster care facility determines it necessary

 

to employ or independently contract with an individual before

 

receiving the results of the individual's criminal history check or

 

criminal history record information required under this section,

 

the adult foster care facility may conditionally employ the

 

individual if all of the following apply:

 

     (a) The adult foster care facility requests the criminal

 

history check or criminal history record information required under

 

this section, upon conditionally employing the individual.

 

     (b) The individual signs a written statement indicating all of

 

the following:

 

     (i) That he or she has not been convicted of 1 or more of the

 

crimes that are described in subsection (1)(a) to (g) within the

 

applicable time period prescribed by subsection (1)(a) to (g).

 

     (ii) That he or she is not the subject of an order or

 

disposition described in subsection (1)(h).

 

     (iii) That he or she has not been the subject of a

 

substantiated finding as described in subsection (1)(i).

 

     (iv) The individual agrees that, if the information in the

 

criminal history check conducted under this section does not

 

confirm the individual's statement under subparagraphs (i) to

 

(iii), his or her employment will be terminated by the adult foster

 

care facility as required under subsection (1) unless and until the

 

individual can prove that the information is incorrect.

 

     (v) That he or she understands the conditions described in

 

subparagraphs (i) to (iv) that result in the termination of his or

 

her employment and that those conditions are good cause for

 

termination.

 

     (c) Except as otherwise provided in this subdivision, the

 

adult foster care facility does not permit the individual to have

 

regular direct access to or provide direct services to residents in

 

the adult foster care facility without supervision until the

 

criminal history check or criminal history record information is

 

obtained and the individual is eligible for that employment. If

 

required under this subdivision, the adult foster care facility

 

shall provide on-site supervision of an individual in the facility

 

on a conditional basis under this subsection by an individual who

 

has undergone a criminal history check conducted in compliance with

 

this section. An adult foster care facility may permit an

 

individual in the facility on a conditional basis under this

 

subsection to have regular direct access to or provide direct

 

services to residents in the adult foster care facility without

 

supervision if all of the following conditions are met:

 

     (i) The adult foster care facility, at its own expense and

 

before the individual has direct access to or provides direct

 

services to residents of the facility, conducts a search of public

 

records on that individual through the internet criminal history

 

access tool maintained by the department of state police and the

 

results of that search do not uncover any information that would

 

indicate that the individual is not eligible to have regular direct

 

access to or provide direct services to residents under this

 

section.

 

     (ii) Before the individual has direct access to or provides

 

direct services to residents of the adult foster care facility, the

 

individual signs a statement in writing that he or she has resided

 

in this state without interruption for at least the immediately

 

preceding 12-month period.

 

     (iii) If applicable, the individual provides to the department

 

of state police a set of fingerprints on or before the expiration

 

of 10 business days following the date the individual was

 

conditionally employed under this subsection.

 

     (7) The department shall develop and distribute the model form

 

for the statements required under subsection (6)(b) and (c). The

 

department shall make the model form available to adult foster care

 

facilities upon request at no charge.

 

     (8) If an individual is conditionally employed under

 

subsection (6), and the information under subsection (3) or report

 

under subsection (4) or (5), if applicable, does not confirm the

 

individual's statement under subsection (6)(b)(i) to (iii), the

 

adult foster care facility shall terminate the individual's

 

employment as required by subsection (1).

 

     (9) An individual who knowingly provides false information

 

regarding his or her identity, criminal convictions, or

 

substantiated findings on a statement described in subsection

 

(6)(b)(i) to (iii) is guilty of a misdemeanor punishable by

 

imprisonment for not more than 93 days or a fine of not more than

 

$500.00, or both.

 

     (6) (10) An adult foster care facility or staffing agency

 

shall use criminal history record information obtained under

 

subsection (3), (4), or (5) only for the purpose of evaluating an

 

individual's qualifications for employment in the position for

 

which he or she has applied. and for the purposes of subsections

 

(6) and (8). An adult foster care facility or staffing agency or an

 

employee of the adult foster care facility or staffing agency shall

 

not disclose criminal history record information obtained under

 

this section to a person who is not directly involved in evaluating

 

the individual's qualifications for employment or independent

 

contract. An individual who knowingly uses or disseminates the

 

criminal history record information obtained under subsection (3),

 

(4), or (5) in violation of this subsection is guilty of a

 

misdemeanor punishable by imprisonment for not more than 93 days or

 

a fine of not more than $1,000.00, or both. Except for a knowing or

 

intentional release of false information, an adult foster care

 

facility or staffing agency has no liability in connection with a

 

criminal history check conducted in compliance with this section or

 

the release of criminal history record information under this

 

subsection.

 

     (7) (11) Upon consent of an individual as required in

 

subsection (3) and upon request from an adult foster care facility

 

or staffing agency that has made a good faith good-faith offer of

 

employment or an independent contract to the individual, the

 

relevant licensing or regulatory department shall review the

 

criminal history record information, if any, and notify the

 

requesting adult foster care facility or staffing agency of the

 

information in the manner prescribed in subsection (4) or (5).

 

Until the federal bureau of investigation Federal Bureau of

 

Investigation implements an automatic notification system similar

 

to the system required of the state police under subsection (14)

 

(10) and federal regulations allow the federal criminal record to

 

be used for subsequent authorized uses, as determined in an order

 

issued by the department, an adult foster care facility or staffing

 

agency may rely on the criminal history record information provided

 

by the relevant licensing or regulatory department under this

 

subsection and a request to the federal bureau of investigation

 

Federal Bureau of Investigation to make a subsequent determination

 

of the existence of any national criminal history pertaining to the

 

individual is not necessary if all of the following requirements

 

are met:

 

     (a) The criminal history check was conducted during the

 

immediately preceding 12-month period.

 

     (b) The individual has been continuously employed by an adult

 

foster care facility, mental health facility, or covered health

 

facility, or the staffing agency since the criminal history check

 

was conducted in compliance with this section or meets the

 

continuous employment requirement of this subdivision other than

 

being on layoff status for less than 1 year from an adult foster

 

care facility, mental health facility, or covered health facility.

 

     (c) The individual can provide evidence acceptable to the

 

relevant licensing or regulatory department that he or she has been

 

a resident of this state for the immediately preceding 12-month

 

period.

 

     (8) (12) As a condition of continued employment, each employee

 

or independent contractor shall do both of the following:

 

     (a) Agree in writing to report to the adult foster care

 

facility or staffing agency immediately upon being arraigned on 1

 

or more of the criminal offenses listed in subsection (1)(a) to

 

(g), upon being convicted of 1 or more of the criminal offenses

 

listed in subsection (1)(a) to (g), upon becoming the subject of an

 

order or disposition described under subsection (1)(h), and upon

 

becoming the subject of a substantiated finding described under

 

subsection (1)(i). Reporting of an arraignment under this

 

subdivision is not cause for termination or denial of employment.

 

     (b) If a set of fingerprints is not already on file with the

 

department of state police, provide the department of state police

 

with a set of fingerprints.

 

     (9) (13) In addition to sanctions set forth in this act, a

 

licensee, owner, administrator, or operator of an adult foster care

 

facility or staffing agency who knowingly and willfully fails to

 

conduct the criminal history checks as required under this section

 

is guilty of a misdemeanor punishable by imprisonment for not more

 

than 1 year or a fine of not more than $5,000.00, or both.

 

     (10) (14) In collaboration with the department of state

 

police, the department of technology, management, and budget shall

 

establish and maintain an automated fingerprint identification

 

system database that would allow the department of state police to

 

store and maintain all fingerprints submitted under this section

 

and would provide for an automatic notification at the time a

 

subsequent criminal arrest fingerprint card submitted into the

 

system matches a set of fingerprints previously submitted under

 

this section. Upon such notification, the department of state

 

police shall immediately notify the department and the department

 

shall immediately contact each respective adult foster care

 

facility or staffing agency with which that individual is

 

associated. Information in the database established under this

 

subsection is confidential, is not subject to disclosure under the

 

freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and

 

shall not be disclosed to any person except for purposes of this

 

act or for law enforcement purposes.

 

     (11) (15) If an individual independently contracts with an

 

adult foster care facility, subsections (1) and (2) do not apply if

 

the individual is not under the adult foster care facility's

 

control and the contractual work performed by the individual is not

 

directly related to the clinical, health care, or personal services

 

delivered by the adult foster care facility or if the individual's

 

duties are not performed on an ongoing basis with direct access to

 

residents. This exception includes, but is not limited to, an

 

individual who independently contracts with the adult foster care

 

facility to provide utility, maintenance, construction, or

 

communication services.

 

     (12) (16) The department shall maintain an electronic web-

 

based system to assist the adult foster care facilities and

 

staffing agencies required to check relevant registries and conduct

 

criminal history checks of its employees and independent

 

contractors and to provide for an automated notice to the adult

 

foster care facilities and staffing agencies for the individuals

 

entered in the system who, since the initial criminal history

 

check, have been convicted of a disqualifying offense or have been

 

the subject of a substantiated finding of abuse, neglect, or

 

misappropriation of property. The department may charge a staffing

 

agency a 1-time set-up fee of up to $100.00 for access to the

 

electronic web-based system under this section.

 

     (13) (17) An adult foster care facility, staffing agency, or a

 

prospective employee covered under this section may not be charged

 

for the cost of a criminal history check required under this act.

 

     (14) (18) As used in this section:

 

     (a) "Convicted" means either of the following:

 

     (i) For a crime that is not a relevant crime, a final

 

conviction, the payment of a fine, a plea of guilty or nolo

 

contendere if accepted by the court, or a finding of guilt for a

 

criminal law violation or a juvenile adjudication or disposition by

 

the juvenile division of probate court or family division of

 

circuit court for a violation that if committed by an adult would

 

be a crime.

 

     (ii) For a relevant crime described under 42 USC 1320a-7(a),

 

convicted means that term as defined in 42 USC 1320a-7.

 

     (b) "Covered health facility" means a nursing home, county

 

medical care facility, hospice, hospital that provides swing bed

 

services, home for the aged, or home health agency licensed under

 

article 17 of the public health code, 1978 PA 368, MCL 333.20101 to

 

333.22260.

 

     (c) "Criminal history check conducted in compliance with this

 

section" includes a criminal history check conducted under this

 

section, under section 134a of the mental health code, 1974 PA 258,

 

MCL 330.1134a, or under section 20173a of the public health code,

 

1978 PA 368, MCL 333.20173a.

 

     (d) "Direct access" means access to a resident or resident's

 

property, financial information, medical records, treatment

 

information, or any other identifying information.

 

     (e) "Home health agency" means that term as defined in section

 

20173a of the public health code, 1978 PA 368, MCL 333.20173a.

 

     (f) "Independent contract" means a contract entered into by an

 

adult foster care facility with an individual who provides the

 

contracted services independently or a contract entered into by an

 

adult foster care facility with a staffing agency that complies

 

with the requirements of this section to provide the contracted

 

services to the adult foster care facility on behalf of the

 

staffing agency.

 

     (g) "Mental health facility" means a psychiatric facility or

 

other facility defined in 42 USC 1396d(d) as described under the

 

mental health code, 1974 PA 258, MCL 330.1001 to 330.2106.

 

     (h) "Staffing agency" means an entity that recruits candidates

 

and provides temporary and permanent qualified staffing for adult

 

foster care facilities, including independent contractors.

 

     (i) "Title XIX" means title XIX of the social security act, 42

 

USC 1396 to 1396w-5.

 

     (j) "Under the adult foster care facility's control" means an

 

individual employed by or under independent contract with an adult

 

foster care facility for whom the adult foster care facility does

 

both of the following:

 

     (i) Determines whether the individual who has access to

 

residents may provide care, treatment, or other similar support

 

service functions to residents served by the adult foster care

 

facility.

 

     (ii) Directs or oversees 1 or more of the following:

 

     (A) The policy or procedures the individual must follow in

 

performing his or her duties.

 

     (B) The tasks performed by the individual.

 

     (C) The individual's work schedule.

 

     (D) The supervision or evaluation of the individual's work or

 

job performance, including imposing discipline or granting

 

performance awards.

 

     (E) The compensation the individual receives for performing

 

his or her duties.

 

     (F) The conditions under which the individual performs his or

 

her duties.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.